STATE OF NEW YORK
________________________________________________________________________
9614
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. DAVILA -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to establishing the
incentivizing habitability opportunity program
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Article 2-A of the social services law is amended by adding
2 a new title 5 to read as follows:
3 TITLE 5
4 INCENTIVIZING HABITABILITY OPPORTUNITY PROGRAM
5 Section 53. Landlord incentive for homeless shelters.
6 § 53. Landlord incentive for homeless shelters. 1. Notwithstanding
7 any other provision of law to the contrary, each local social services
8 district shall provide an incentive to owners who enter into a residen-
9 tial lease or rental agreement with an eligible household for a quali-
10 fied dwelling unit in order to address homelessness and ensure appropri-
11 ate habitability standards in accordance with this section.
12 2. For the purposes of this section: (a) "homeless" shall mean the
13 lack of a fixed, regular, and adequate nighttime residence; exiting an
14 institution where they resided and will lack a regular fixed and
15 adequate nighttime residence upon release or discharge; having received
16 a court order resulting from an eviction action that notifies the indi-
17 vidual or family that they must leave their housing; facing loss of
18 housing due to hazardous conditions, including but not limited to asbes-
19 tos, lead exposure, mold, and radon; or, fleeing, or attempting to flee,
20 domestic violence, dating violence, sexual assault, stalking, human
21 trafficking or other dangerous or life-threatening conditions that
22 relate to violence against the individual or a family member, provided
23 further that a written attestation from an individual or family member
24 alleging such abuse and loss of housing shall be sufficient to establish
25 eligibility.
26 (b) "eligible household" shall mean an individual or family eligible
27 for or receiving public assistance that is homeless as defined by this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14706-01-4
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1 section. A household's eligibility shall not be affected by an individ-
2 ual's sanction status.
3 (c) "habitability standard" shall mean the housing quality standards
4 for safe and habitable housing which are established by local housing
5 codes that meet or exceed housing quality standards, so long as such
6 standards do not severely restrict housing choice.
7 (d) "qualified dwelling unit" shall mean a unit that (i) meets the
8 necessary habitability standards as defined in this subdivision; and
9 (ii) the owner satisfies all the necessary requirements as required by
10 subdivision three of this section.
11 3. (a) Each local social services district shall provide an incentive
12 in accordance with subdivision four of this section, to eligible owners
13 that enter into a residential lease or rental agreement with an eligible
14 household for a qualified dwelling unit, as defined in subdivision one
15 of this section. For an owner to be eligible to receive an incentive for
16 a qualified dwelling unit, the owner of the dwelling unit shall: (i)
17 enter into a residential lease or rental agreement in accordance with
18 paragraph (b) of this subdivision with an eligible household for a peri-
19 od of not less than one year and (ii) ensure that upon inspection, as
20 required by paragraph (c) of this subdivision, the dwelling unit meets
21 and maintains the necessary habitability standards as defined in subdi-
22 vision one of this section throughout the period of the lease.
23 (b) (i) The residential lease or rental agreement entered into between
24 the eligible owner of the qualified dwelling unit and the eligible
25 household shall be consistent with all applicable state and local law
26 and contain all appropriate provisions applicable to tenants of a dwell-
27 ing unit which does not qualify for an incentive pursuant to this
28 section.
29 (ii) The owner shall not terminate such lease or rental agreement
30 except for good cause, such as serious or repeated violations of the
31 terms and conditions of the lease or rental agreement, or for violation
32 of applicable state, or local law.
33 (iii) Prior to terminating a residential lease or rental agreement
34 pursuant to this section, and in addition to any other notices required
35 by law, written notice shall be provided to the eligible household spec-
36 ifying the grounds for such termination, and any relief that may be
37 available which is consistent with applicable state and local law.
38 (iv) The lease or rental agreement shall be renewed unless (1) the
39 owner or a member of the owner's immediate family needs the apartment
40 for their personal use and primary residence, (2) the apartment is not
41 used as the tenant's primary residence, or (3) the owner wants to take
42 the apartment off the rental market, either to demolish the building for
43 reconstruction or use it for other purposes permitted by law. If the
44 owner is not renewing the lease for any of the above reasons, the owner
45 must notify the eligible household in writing at least ninety days prior
46 to the end of the existing lease.
47 (c) (i) Prior to providing the owner of an eligible dwelling unit with
48 an incentive as authorized by this section, the commissioner shall,
49 either directly or through a contract with a not-for-profit, inspect
50 each dwelling unit prior to the owner entering into a new residential
51 lease or rental agreement with an eligible household, anytime the eligi-
52 ble household transfers to a new unit with the owner and annually there-
53 after in instances when the lease or rental agreement extends beyond a
54 year. Such dwelling unit shall be required to be inspected prior to
55 every new residential lease or rental agreement that is entered into
56 with an eligible household, for so long as the owner seeks to receive an
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1 incentive pursuant to this section. Upon inspection, the local social
2 services district, shall ensure that the dwelling unit meets the habita-
3 bility standard, as defined in this section.
4 (ii) No such incentive shall be provided if the dwelling unit fails to
5 meet all the necessary requirements of the habitability standard. Such
6 prorate share of the incentive shall be withheld until the owner makes
7 all the necessary changes required to meet the habitability standard and
8 passes a follow up inspection. To the extent that the owner can show the
9 violations were caused by a member of the eligible household, the owner
10 may be provided an extension to fix the cited violations and be re-in-
11 spected in an appropriate period of time, as determined by the local
12 social services district.
13 (iii) Any time during the lease or rental agreement, a member of an
14 eligible household may request an additional inspection, citing an
15 owner's failure to maintain habitability standards, as required by this
16 section.
17 (iv) Each local social services district shall maintain a written
18 record detailing the inspections and re-inspections for each dwelling
19 unit for the period of the eligible household's tenancy and for three
20 years subsequent to the end of such tenancy and shall make the records
21 available upon request to the state comptroller.
22 4. (a) Each local social services district shall provide an incentive
23 to the owner of a qualifying dwelling unit, that meets all the necessary
24 requirements specified in subdivision three of this section, in an
25 amount equal to five hundred dollars for every eligible individual and
26 one thousand dollars for every eligible family. The incentive will be
27 paid to the owner on a monthly basis. The incentive shall be issued by
28 the local social services district directly to the owner of the quali-
29 fied dwelling unit.
30 (b) The incentive shall be provided to the owner of the qualified
31 dwelling unit (i) during the period of the eligible household's tenancy;
32 (ii) until the date the eligible household vacates the qualified dwell-
33 ing unit prior to the expiration date of the lease or rental agreement;
34 or (iii) until the effective date of the notice of eviction received by
35 the eligible household issued pursuant to a court proceeding.
36 (c) In the event that the owner of the eligible dwelling unit wrong-
37 fully and/or prematurely terminates the lease in violation of applicable
38 state or local law, the owner shall reimburse the local social services
39 district the amount of the incentive provided to date.
40 § 2. Section 153 of the social services law is amended by adding a new
41 subdivision 18 to read as follows:
42 18. Notwithstanding any other provision of law to the contrary, one
43 hundred percent of costs for incentives required by section fifty-three
44 of this chapter shall be subject to reimbursement by the state, as
45 follows:
46 (a) by federal funds that can be properly applied to such expendi-
47 tures; and
48 (b) the remainder to be paid by state funds.
49 § 3. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law.